TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 48

EMPLOYMENT (AMENDMENT) (NO. 2)

Ord. No. 52/88

A271

::

(ii) in any other case, according to the law which, as regards the relevant marriage or marriages, was the proper personal law of the employee;";

(b) by repealing the definition of "relevant date" and substituting-

"relevant date", in relation to the termination of employ-

ment of an employee, means-

(a) where the employee's contract of employment is terminated by notice in accordance with section 6, the date on which that notice expires;

(b) where the employee's contract of employment is terminated by payment in lieu of notice in accord- ance with section 7, the date up to which such wages are calculated:

(c) where the employee terminates his contract of employment without notice or payment in lieu in accordance with section 10, the date on which termination takes effect;

(d) where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires;

(e) where a continuous contract of employment speci- fies an age of retirement and the employee retires at that age, the date of retirement;

(f) where the employee dies, the date of his death; and (g) where the employee's contract of employment is terminated other than in accordance with the provi- sions of this Ordinance, the date of termination;"

(c) by adding after the definition of "sickness day"—

""spouse" means, in relation to a married employee, the person to whom the employee is lawfully married;".

3. Section 4(2)(a) is amended by repealing "section 31G(2)" and Application of substituting "sections 31G(2) and 31V(3)”.

4. Section 10 is amended by adding after paragraph (a)—

"(aa) if-

5.

Ordinance

Termination of

contract without notice

(i) he has been employed under the contract for not less than by employee the number of years specified in section 31R(1)(a); and

(ii) by a certificate in the form specified by the Commissioner under section 49 and issued by a medical practitioner practising in a Government or Government-subvented hospital, he is certified. as being permanently unfit for a particular type of work specified in the certificate for a reason or reasons stated therein; and

(iii) he is engaged in that type of work under the contract;".

Section 31B(1) is amended by adding “and Part VC" after "subject

to this Part".

General

provisions as to right of

severance

payment